RESETTLEMENT ACTION PLAN - About Department of Road

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Resettlement Action Plan January, 2013 Naryanghat-Mugling Road Table 19: Entitlement Policy Matrix Type of Loss Entitlement Unit Description of Entitlements Implementation Measures 1. House and Other Structure 1.1 Loss of own house and residential plot 1.2 Loss of commercial establishment 1.3 Loss of other private structures 2. Land • Titleholder • Titleholder • Non-titleholder • Titleholder 2.1 Loss of private land • Titleholder 2.2 Temporary loss of private land • Titleholder • Cash compensation for full or partial loss of house at replacement cost, according to house type. • Where displaced, cash compensation (at replacement value) for residential plot, or provision of suitable replacement residential plot in the vicinity, if available. • Cash compensation for full or partial loss at replacement cost, according to building type. • Cash compensation for full or partial loss at replacement cost, according to structure type. • Provide compensation at full replacement cost, or • Provide full title to land of equal area and productivity acceptable to owner in the vicinity. • Provide cash compensation at full replacement cost based on current market rate or Government rate which ever is higher. • Resettlement assistance in lieu of compensation for land occupied (land, other assets, employment) at least restore their livelihoods and standards of living to pre-displacement levels. • In the case of farmland, the PAP will be entitled the cultivation disruption allowance equal to one-year production. • Compensation for crop, land productivity and other property losses for the duration of temporary occupation. • Compensation for other disturbances and damages caused to property. • Compensation rates of land and structures negotiated by Compensation Determination Committee ( CDC) taking reference to succeeding bullet 2 and 3 (which is legal authority ), • Land valuation undertaken by DLRO (mostly negotiated) on the reference of local market price and government rate fixed for land registration; • Building valuation undertaken by project authorities (on the basis of standard norms of Department of Urban Development and Building Construction and existing local market price) ; Material may be salvaged with no deduction from compensation. • Displaced households will receive a housing displacement allowance. • Notice to vacate will be served at least 35 days prior to acquisition • An appropriate compensation advance and housing displacement allowance to be paid at time of notice to vacate; balance payable prior to possession of property. • Compensation for partial losses payable prior to acquisition • To ensure fair compensation, determination of rates will be done not more than one year prior to property acquisition. • Compensation determination, notice to vacate and compensation payment as for 1.1. • Owners of displaced commercial establishments will receive a business displacement allowance • Other structures include: sheds, water mills, etc • Loss of structures other than houses and commercial establishments does not entail payment of a displacement allowance. • Compensation determination, notice to vacate. • A list of affected and entitled persons and the area of land loss is required. • Notice to vacate will be served at least 35 days prior to acquisition date. • Case-wise compensation will be either by cash or cheque, depending on the owner’s preferences. • To ensure fair compensation, determination of rates will be established not more than one year prior to property acquisition. • A temporary occupation contract will be signed with the affected landowner, specifying. o Period of occupancy o Formula for the calculation of production losses (the market value of Nepal India Trade and Transport Facilitation Project (NITTFP) New Project Preparation & Supervision Page 35
Resettlement Action Plan January, 2013 Naryanghat-Mugling Road Type of Loss Entitlement Unit Description of Entitlements Implementation Measures 3. Other Privately Owned Resources 3.1 Loss of non perennial crops 3.2 Loss of privatelyowned trees and perennial crops • Titleholder; other evidence of ownership • Titleholder; other evidence of ownership 4. Community Structures and Resources 4.1 Community buildings and Structures • Local Community • Local community 4.2 Land and trees or user groups 5. Rehabilitation Assistance 5.1 Displacement of household 5.2 Displacement of commercial enterprise 5.3 Severe disruption to cultivation • Titleholder • Non-titleholder • Titleholder • Non-titleholder • Titleholder • Tenant • Contractor to negotiate a contract agreement on the rental rate with the owner for temporary acquisition of land. • Land should be returned to the owner at the end of temporary acquisition period, restored to its original condition or improved as agreed with owner. • Advance notice to harvest crops. • Net value of crops where harvesting is not possible. • Advance notice to harvest crops. • Net value of crops where harvesting is not possible. • Compensation for future production losses, based on 5 years annual net production for fruit/fodder trees and 3 years annual net production for timber/fuelwood trees and other perennial crops. • Right to all other resources from privately owned trees • Restoration of affected community structures to at least previous condition, or replacement in areas identified in consultation with affected communities. • Assistance with improvement of remaining grazing areas. • Restoration of access to community resources. • Housing displacement allowance for loss of own residential accommodation. • Rental stipend for loss of rented accommodation. • Business displacement allowance for loss of commercial establishment. • Cultivation disruption allowance for severe disruption to household cultivation levels. crops normally produced on the land) and annual inflation adjustments; o Frequency of compensation payment; and o Land protection and rehabilitation measures. • The land will be returned to the owner at the end of temporary acquisition, restored to its original condition. • Crop market values will be determined by the CDCs. • Crop market values and production losses will be determined by the CDCs with assistance from a local resource specialist. • The Department of Agriculture and Forestry will be requested to assist affected owners and communities with the reestablishment of new trees and other perennial crops. • Community buildings and structures include: schools, temples, health posts, water points, irrigation canals, water mills, trails and bridges. • The Department of Agriculture and Forestry will requested to assist communities so that benefits from grazing areas are adequately mitigated. • The housing displacement allowance will be based on two months per capita poverty level income (PLI), as established by the Nepal Living Standards Survey, for a household of 5.5 members. The value of the allowance will be adjusted annually for price escalation. • The rental stipend will be based on 0.5 months PLI as defined above. • Allowances will be paid at the time of serving the notice to vacate. • Displacement allowances (housing, business and cultivation) will be paid severally. • Calculation as for housing displacement allowance. • Payment as detailed in 5.1. • Thefollowing cultivation disruption allowances will apply to o Households with total landholdings of 0.25 ha and smaller who loose more than 10 percent of their landholdings; o Households with total landholdings above 0.25 ha who loose more than 25 percent of their landholdings; o Households whose production levels are to be severely affected. • The cultivation disruption allowance will be equal to one season’s Nepal India Trade and Transport Facilitation Project (NITTFP) New Project Preparation & Supervision Page 36
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RESETTLEMENT ACTION PLAN - About Department of Road

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